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04-137 - USA v. Brown


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04-137 - USA v. Brown
January 10, 2013
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ORDER TO SHOW CAUSE; petitioner is ORDERED to SHOW CAUSE, within 15 days of the date of this Memorandum and Order, why his § 2255 motion is not barred by the one-year statute of limitation. Signed by District Judge Thomas W Phillips on 1/10/13. (c/m) (ADA)
February 4, 2013
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MEMORANDUM AND ORDER as to Jeremy Brown. The United States Attorney is hereby ORDERED to respond to petitioner's claim that he is entitled to equitable tolling of the statute of limitation within 30 days from entry of this Order. Signed by District Judge Thomas W Phillips on 2/4/13. (c/m) (ADA)
April 8, 2013
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MEMORANDUM AND ORDER as to Jeremy Brown: Petitioner has filed a motion for extension of time to file his traverse after the government files its response to the § 2255 on the merits. The motion for extension of time 32 is premature and it is DENIED WITHOUT PREJUDICE.Petitioner has filed a motion to receive a full copy of all records pertaining to his § 2255 motion 37 and has also filed a motion to be re-served with a copy of the government's response in opposition and for an extension of time within which to respond 38. These motions are GRANTED as set forth. Petitioner shall have up to and including May 17, 2013, to respond to the government's response in opposition. Signed by District Judge Thomas W Phillips on 4/8/13. (copies mailed as directed) (ADA)
September 28, 2016
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MEMORANDUM OPINION as to Jeremy Brown to be set forth more fully in the following Judgment Order. Signed by District Judge Pamela L Reeves on September 28, 2016. c/m (AYB)
September 28, 2016
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JUDGMENT ORDER that Petitioner's motions to amend [Doc. 43, 44, 49] are GRANTED and petition [Docs. 31, 49] is DENIED and DISMISSED WITH PREJUDICE. Petitioner's first request for an extension [Doc. 40] is GRANTED nunc pro tunc; his second request for an extension [Docs. 52] is DENIED. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by District Judge Pamela L Reeves on September 28, 2016. c/m (AYB) Civil Case 3:13-cv-00012-PLR closed.